R (on the application of RA) v Secretary of State for the Home Department (No 2)

Immigration – Asylum seeker. Following the decision of the Upper Tribunal (Immigration and Asylum Chamber), that the defendant Secretary of State had breached her duty under s 55 of the Borders, Citizenship and Immigration Act 2009, in not considering the best interests of the first claimant child as a primary consideration (see [2015] All ER (D) 243 (Apr)), the claimants applied for their return to the United Kingdom. The tribunal, in allowing the application, held that, considering the very unusual circumstances in the round, the Secretary of State should be ordered to take all reasonable steps to ensure the return of the claimants to the UK.

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